96-03

The OIP concluded that segregated timesheets of deputy attorneys general, which only reveal the time spent investigating a complaint of an open meetings law violation, are open for public inspection and copying. Although the timesheets contained descriptions of the legal work performed on the investigation, this information was not being requested. Accordingly, neither the attorney-client privilege nor the work product doctrine applied as confidentiality laws which, under section 92F-13(4), Hawaii Revised Statutes, would allow these specific timesheets to be withheld from the public.

The OIP also concluded that disclosure of the timesheets would not reasonably be expected to interfere with any law enforcement proceedings because the statute of limitations for open meetings law violations has already ended and there was no prospective or contemplated enforcement proceeding. Therefore, disclosure of the timesheets would not frustrate a legitimate government function under section 92F-13(3), Hawaii Revised Statutes. However, the OIP noted there may be instances when disclosure of timesheets would interfere with enforcement proceedings.

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